Gifted and Inherited Assets in a Divorce Case

inheritance and divorce law iowa

On December 21, 2022, the Court of Appeals of Iowa issued an opinion in the case of In Re:  The Marriage of Derek W. George and Debra A. George, and Upon the Petition of Derek W. George, Petitioner-Appellee, and concerning Debra A. George, Respondent-Appellant (No. 21-1998). Derek and Debra were married in 1998 and had four children.  The District Court made a finding of the pre-marital assets of Debra which consisted of gifted and inherited assets.  The District Court concluded that Debra’s inherited and gifted funds “became so invested in marital assets that the Court could not fully compensate her

More Legal News & Information...

Transfer of Joint Tenancy with Right of Survivorship Property to Revocable Trust

wills and trusts in iowa

On January 27, 2023, the Supreme Court of Iowa issued an opinion in the matter of Richard Grout as Trustee of the Helen Schardein 2018 Revocable Trust v. Dan R. Sickels (No. 21-0556).  In the Spring of 2014, Helen Schardein, who was in her nineties, purchased a lake lot at Sun Valley Lake for $85,000.00 and titled it in joint tenancy with right of survivorship, with Dan R. Sickels, who provided various services to her.  Helen had worked as a real estate broker and abstractor.  Dan met Helen in 2012, and performed work on Helen’s rental properties and assisted her

More Legal News & Information...

Beneficiary Assignment of Spendthrift Trust Interest

iowa court of appeals issued opinion beneficiary assignment

On July 21, 2001, the Iowa Court of Appeals issued an opinion in the case of A.Y. McDonald Industries, Inc. vs.  Michael B. McDonald, No. 20-0766 (Iowa Ct. App. July 21, 2021). The Defendant, Michael B. McDonald, began his employment with the Plaintiff in 1983.  During the time Michael was the manager of payroll for executive compensation, he misappropriated significant Company funds to himself.  Due to the misappropriation, he was terminated in May 2012.  Later in 2012, Michael signed a Restitution Agreement and promissory note to repay the Plaintiff the amount of $2,538,500.  Pursuant to the Restitution Agreement, Michael was

More Legal News & Information...

Conservator’s Authority to Enter into Farm Leases

conservators authority farm lease iowa

On May 21, 2021, the Iowa Supreme Court issued an opinion In The Matter and Conservatorship of Marvin M. Jorgensen, No. 18-1235 (Iowa Sup. Ct. May 21, 2021).  Marvin Jorgensen suffered a stroke in 2016 that left him unable to manage his nearly 18,000 acres of Iowa farmland.  Prior to the stroke, Marvin leased approximately half of his farmland to his children and to several grandchildren in “handshake” agreements that were never put in writing.  After the stroke, a Conservatorship was opened for Marvin and the Conservator entered into new written leases with family members which continued with Marvin’s practice

More Legal News & Information...

1031 Like Kind Exchange Relief

1031 Like Kind Exchange

Section 1031 of the Internal Revenue Service Code allows a taxpayer to defer recognition of capital gains and related federal income tax liability on the exchange of investment real estate.  The capital gains and related federal income tax liability are deferred to the time that the replacement real estate is sold.  In order to meet the IRS requirements, the seller must use a qualified intermediary to handle the sale of the property and the purchase of the replacement property. A taxpayer has 45 days from the date of sale to identify the replacement property and 180 days from the date

More Legal News & Information...

Trust Case Decided By Iowa Supreme Court

wills and trusts in iowa

On April 5, 2019, the Iowa Supreme Court issued an opinion in the case of Serena Konrardy and Carrie Rigdon n/k/a Carrie Burmeister vs. Vincent Angerer Trust and DeWitt Bank & Trust Company, as Trustee of said Trust. The Trust provided that on the death of the Trustor, equal shares would be established for each of the Trustor’s five siblings.  Each share was to be placed in individual trusts for the sibling and the spouse of a deceased sibling.  If both a sibling and the sibling’s spouse had died, the Trust directed the trustee to distribute the Trust share to

More Legal News & Information...

Safe Harbor for Rental Real Estate – What You Need to Know

real estate safe harbor tax law

Last month the IRS issued the final regulations regarding Section 199A.  The IRS also issued IRS Notice 2019-07 which set forth a safe harbor under which a rental real estate enterprise would be treated as a trade or business under Section 199A.  The purpose of the Notice is to give taxpayers guidelines as to the application of the 199A deduction for rental real estate properties. To qualify for the safe harbor requirements, the taxpayer must meet the following requirements: Keep separate books and records setting out the income and expenses for the rental real estate enterprise; For tax years beginning

More Legal News & Information...

Professional Tax Preparation Recommended for Businesses

professional tax preparation

The Tax Cuts and Jobs Act has added a number of complex issues to the tax preparation for businesses. Taxpayers who previously prepared their own tax returns with Schedule C’s or Schedule F’s will face many complex issues under the new tax act.  One issue is the new 20 percent pass–through deduction for non-C corporation businesses. The Act also has significant changes regarding depreciation and the deduction of expenses. Another item that adds complexity to tax preparation for 2018 is that the State of Iowa has not adopted the changes in federal tax law for the year 2018. I highly

More Legal News & Information...

Iowa Governor Signs Real Estate Partition Law

iowa real estate law contract

The Governor recently signed SF 2175 into law which replaces Iowa Code Chapter 651 which deals with Partition of Real Estate.  The biggest change in the new law is the establishment of a partition procedure for “heirs property”.  For the first time a new law allows the equitable remedy of “owelty” which provides for a payment of money to equalize the value of property received in a partition in kind action.  Under the new Chapter, an individual who inherits property as a tenant in common with other relatives and who does not want to sell the property, in all likelihood

More Legal News & Information...

New Laws Pertaining to First-Time Homebuyer Savings Accounts

first time homebuyer contract des moines

A new law was recently signed by the Governor which authorizes tax-preferred First-Time Homebuyer Savings Accounts beginning in the year 2018.  Under the law, when an individual sets up a FTHSA account, he or she may exclude from their Iowa adjusted gross income yearly deposits of $2,000.  Married taxpayers who file a joint return may exclude up to $4,000.00 a year if the money is deposited into a joint FTHSA.  Any interest earned on a FTHSA account, will not be included in a taxpayer’s income. At the time that the FTHSA is opened, an individual can designate a sole beneficiary. 

More Legal News & Information...